Terms and conditions

Effective Date: December 1, 2016
The terms of this agreement (“Terms of Service”) govern the relationship between you and Think Osem Sdn Bhd and its affiliates (hereinafter “Think Osem” or “Us” or “We”) regarding your use of OSEM application, Think Osem's application, websites and related services (the “Service”). Use of the Service is also governed by Think Osem's Privacy Policy, which is incorporated herein by reference.
Before accessing or using the Service, including browsing any Think Osem website or accessing an application, you must agree to these Terms of Service and the Privacy Policy.
Think Osem offers some content and features for free, but it is not a completely cost-free service. Services that are only offered for payment are clearly detailed and marked in the mobile application. Fees are necessary to enable further development and maintenance of the existing services. Fees will never be charged without explicit information of you. Think Osem addresses exclusively end-consumers and private individuals, so that only they may be registered.
You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site (“SNS”), you shall comply with its terms of service/use as well as these Terms of Service.
The following legal terms and conditions govern your use of the general information, solutions of problems, steps, explanations, graphs, exercises, tests, materials and documents being made available to you by Think Osem.
By using Think Osem Service and its Contents, you signify electronically your agreement to all terms, conditions and notices contained or referenced herein (the ‘Terms of Service’).
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Think Osem reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the Think Osem Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Think Osem Privacy Policy, or any other Think Osem policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. Registrations and Conclusion of the Contract

You may only register once and guarantee, that the information you provide is complete and true. You agree to the use of your data as detailed by the privacy policy. The contract for the use of Service between you and Think Osem is concluded by your use of Service.

2. Free Use of the Trial Functions of Service (Trial Contract)

You won’t be charged fees for the use of the Trial-functionality. The contract for the use of Service is concluded for an unlimited period and can be terminated without notice by either party. You can terminate the contract by deleting your account in the preferences and by deleting from your device. For the access to the complete functionality, fees will be charged, if this is indicated and you order them separately.

3. Services and Products Subject to Fees (Premium Contracts)

Osem "Premium" is paid service offered by Think Osem that unlock certain functionalities in the Apps such as ability to access and use all functions in the Osem Apps without time limited block and ability to choose any desired Subject or Topics to make revision.
However Think Osem deserve all right to enhance and add more features for Premium users without prior notification.
Premium service can be purchase for desired time offered by the respective Store from which Service was downloaded by you.

3.1. Grant of a Limited License to Use the Service for Premium User

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Think Osem policies, Think Osem grants you a non-exclusive, non-transferable, non-sub licensable, revocable limited license subject to the limitations below to access. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
You shall not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Think Osem, or previously been banned from using any Think Osem services.
You shall use your Account only for non-commercial purposes; you shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;

4. Login information and Your Account

During the Account creation process, you will be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Think Osem and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
Think Osem reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

5. License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Engage in any act that Think Osem deems to be in conflict with the spirit or intent of the Service or make improper use of Think Osem's support services.
Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service or without Think Osem's express written consent, modify or cause to be modified any files that are a part of the Service.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or Service environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Think Osem, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive.
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Think Osem employees, including Think Osem's customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Think Osem employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Think Osem.
Solicit or attempt to solicit personal information from other users of the Service or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Think Osem reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Think Osem reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

5.1. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, THINK OSEM MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THINK OSEM SERVICES OR PORTIONS THEREOF IF YOU ARE, OR THINK OSEM SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND THINK OSEM IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR APPS AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
THINK OSEM RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Think Osem reserves the right to stop offering and/or supporting the Service or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Think Osem shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted, or others submitted.
You may terminate your Account at any time and for any reason by following the process described on our support page located at help@osem.me that you wish to terminate your Account.

Teacher can unpublish their lessons if they wish to stop sharing their content of lessons.
Pending royalty/ coins/ historical data during termination.
For teachers, in the event or termination for whatsoever reason pending royalty will be forfeited. Think Osem has the right to terminate and remove any historical data.

6. Ownership

6.1. Service

All rights, title and interest in and to the Service (including without limitation any application, titles, computer code, themes, objects, learning material, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, text and server software) are owned by Think Osem. Think Osem reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Service.

6.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THINK OSEM.

6.3. Virtual Items

Think Osem owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, whether earned in a game or purchased from Think Osem, or any other attributes associated with an Account or stored on the Service.

6.4 Reward Items

Think Osem has rights to change or to cancel the reward or replace the prize offered that appears in the Service.
The entitle reward winner is compulsory to contact or respond Think Osem via email, Whatsapp or Hotline contact number in TWO weeks after the winning announcement and provide a true information such as full name and address.

WINNER Must be:
1) Studying at Malaysian School
2) Able to provide personal and school identity confirmation and using the real profile picture during bidding
3) User or family member has not won any reward within 30 days

- Osem has the right to ask for examination result, testimony, taking picture and video for marketing and promotion purpose.
- Osem has the right to deliver the prizes either by courier service, using 3rd party personnel, in a school/any event or to ask the winner to come to Osem HQ to collect the prize by themself.

**Failure to perform this action or unable to fulfil the above criteria will cause of winning cancellation. The process of the winning reward may take up to 1 month after receiving full information from the winner. Kindly be patient.
Think Osem will not replace any lost or stolen prize.
We are not responsible for any risk, damages and delay during delivery.
The prize offered as it is and no warranty implied.

All rewards are sponsored by Think Osem Sdn. Bhd. and other party such as Apple, Google or prizes's brand are not involve or related at all.

7. User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Think Osem in accordance with its Privacy Policy. Think Osem reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

7.1. Content Screening

Think Osem assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
If at any time Think Osem chooses, in its sole discretion, to monitor the Service, Think Osem nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

7.1.1 Content Privacy

All user included teacher content lesson provided by teacher can be accessible by quality control admin/checker and by other user. Do not upload content that you are not comfortable to be accessed by others.

7.2. Information Use by Other Members of the Service

7.2.1. Public Discourse

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Think Osem cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Think Osem shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

7.2.2. Responsible For Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Think Osem may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Think Osem violates these Terms of Service.

7.3. License

You hereby grant to Think Osem an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Think Osem the right to authorize others to exercise any of the rights granted to Think Osem under these Terms of Service. You further hereby grant to Think Osem the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Think Osem does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Think Osem has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

7.4. User Interactions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. Think Osem reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Think Osem to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Think Osem access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

7.5 Purchases

In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sub licensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or gold, all for use in Service; (b) “virtual in-service items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.
Think Osem may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Think Osem shall have no liability to you or any third party in the event that Think Osem exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Think Osem, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in our service is a service provided by Think Osem that commences immediately upon acceptance by Think Osem of your purchase.

7.6. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Think Osem may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT THINK OSEM IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

8. Updates to the Service

You understand that the Service is an evolving one. Think Osem may require that you accept updates to the Service and you have installed on your computer or device. You acknowledge and agree that Think Osem may update the Service, with or without notifying you. You may need to update third party software from time to time in order to receive the Service.

9. Disclaimer of Warranties

WITHOUT LIMITING THINK OSEM'S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THINK OSEM DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

THINK OSEM SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THINK OSEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THINK OSEM SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO THINK OSEM IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO THINK OSEM DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND THINK OSEM'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH THINK OSEM IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Think Osem may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Think Osem's liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF THINK OSEM.
You agree to indemnify, defend and hold Think Osem harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

11. Dispute Resolution and Law

If a dispute arises between you and Think Osem, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at help.osem.me
If you are a resident outside of the United States, you agree that all disputes between you and Think Osem shall be governed by the laws of Malaysia, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Think Osem must be resolved exclusively by a court located in Malaysia.

12. Severability

You and Think Osem agree that if any portion of these Terms of Service or of the Think Osem Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

13. General Provisions

13.1. Assignment

Think Osem may assign or delegate these Terms of Service and/or the Think Osem Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Think Osem's prior written consent, and any unauthorized assignment and delegation by you is ineffective.

13.2. Supplemental Policies

Think Osem may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

13.3. Entire Agreement

These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Think Osem Privacy Policy), contain the entire understanding of you and Think Osem, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

13.4. No Waiver

The failure of Think Osem to require or enforce strict performance by you of any provision of these Terms of Service or the Think Osem Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Think Osem's right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Think Osem of any provision, condition, or requirement of these Terms of Service or the Think Osem Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Think Osem shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Think Osem.

13.5. Notices

We may notify you via postings on www.osem.net, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Think Osem Privacy Policy shall be in writing to: Think Osem Sdn Bhd, No. 53 & 55 Jalan Lawan Pedang 13/27, Seksyen 13, 40100 Shah Alam, Selangor. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

13.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Think Osem are of a unique and irreplaceable nature, the loss of which shall irreparably harm Think Osem and which cannot be replaced by monetary damages alone so that Think Osem shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

13.7. Force Majeure

Think Osem shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Think Osem, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Think Osem's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

14. Osem Teacher Referral

1) The “OSEM Teacher Referral” campaign (“Referral Programme” or “Promotion”) is organised by Think Osem Sdn Bhd (“OSEM”)
2) Every OSEM Teacher whose account is in active and valid status only will be assigned a unique code (“Referral Code”). OSEM Teacher member with the unique code are called “Referrers”. The Referral Code does not have any monetary value and cannot be exchanged for monetary value on its own
3) OSEM Teacher are able to share their Referral Codes with others
4) OSEM Teacher can share their Referral Code using social media channels as determined by OSEM from time to time. OSEM Teacher can only share their Referral Code in the copy or manner that is provided by OSEM. OSEM Teacher cannot modify the copy provided by OSEM for sharing of the Referral Code. If any OSEM Teacher modifies or misuses the code, OSEM reserves the right to ban that OSEM Teacher from the Referral Programme including suspending or cancelling his/her OSEM Teacher account due to unauthorized activities
5) Both Referrers and customers who redeem and use the Referral Code (i.e. “Referees”) will be entitled to a reward (“Referral Reward” or “Reward”)
6) In order for Referees to be eligible and qualify for the Referral Reward, Referee’s must:
  Step 1: Register & verified OSEM Teacher account (Phone number & Email);
  Step 2: Complete Teacher Profile (Image & Description);
  Step 3: Create & successfully Publish first Lesson.
7) Referees who only register for the OSEM Teacher but do not verified will NOT be entitled to the Referral Reward
8) Only Referees who have successfully completed Step 1, Step 2 & Step 3 will be entitled to receive the Referral Reward
9) Once Referees have successfully completed Step 1, Step 2 and Step 3, the Referrers (whose Referral Codes were redeemed and used by the Referees) will also receive the Referral Reward
10) The type of Reward (and/or quantum of the same) may be revised by OSEM from time to time at its sole and absolute discretion and all such decisions by OSEM shall be deemed final and conclusive and OSEM will not entertain any complaint or dissatisfaction in relation thereto
11) OSEM Teachers whose accounts are blocked, suspended and/or cancelled or suspected for fraudulent or suspicious activities cannot share the Referral Code nor receive the Reward via redemption by the Referees of the Referral Code
12) OSEM reserves the absolute right to impose referral limits and/or change any conditions applicable to the Referral Programme from time to time without prior notice
13) The Referral Programme will commence and continue until OSEM decides to cease it
14) OSEM reserves its absolute right to cancel, terminate or suspend the Referral Programme without reason and/or any prior notice. For the avoidance of doubt, cancellation, termination or suspension of the Referral Programme by OSEM shall not entitle any customer (including Referrers and Referees) to any claim against or demand compensation from OSEM for any losses, damages, costs or expenses suffered or incurred as a direct or indirect result of the act of cancellation, termination or suspension of the Programme
15) By entering into the Referral Programme, teachers (including Referrers and Referees) are deemed to have accepted and agreed to these Terms and Conditions (and any additional terms and conditions stipulated by OSEM from time to time) which shall be legally binding. These Terms and Conditions shall prevail over any inconsistent terms, conditions, provisions or representations contained in any other promotional or advertising materials for the Programme. OSEM reserves the absolute right to vary, delete or incorporate any additions to these Terms and Conditions (wholly or in part) from time to time without any prior notice
16) OSEM’s decisions in relation to all aspects of the Referral Programme is final, binding and conclusive under all circumstances and no complaint or dissatisfaction from teachers and any customers (including Referrers and Referees) will be entertained
17) OSEM shall bear no responsibility for any damage, loss (including but not limited to direct, indirect and consequential loss), liability, injury or disappointment incurred or suffered by any party in connection with this Programme.

15. Teacher Royalty

1) Teacher royalty rate will be calculated based on unique page learned by every student daily. Unique page means every single page of notes or questions in a lesson. Royalty only calculated for each learning student once. However, if any student learns again the same lesson or page in a different day, royalty will be paid accordingly for that page.
2) Royalty will only be calculated based on unique learning activities that were done genuinely from true students and true lessons. Users are strictly prohibited to do system manipulation manually or using robots to get royalty or refer earning. Warning will be given to teachers and students who are trying to manipulate the system.
3) Current week rate for a page as of 21-12-2024 is RM 0.008. The company has right to the change the future royalty rate. Teacher able to check current rate at teacher progress area (http://osem.me/progress)
4) Royalty limitation
      a. There is a limitation of royalty for unapproved lessons (currently 200 pages). Once approved, there will be no more limitation.
      b. Each student has a royalty contribution limit per day that may be vary and it could be low or none if the student has been detected as suspicious in manipulating system.
5) Some of the manipulation behaviours are:
      a. Create a fake student’s account to learn the teacher's lesson.
      b. Lessons created by teachers are not relevant since it is too simple and intentionally done to let the students answer as fast as possible to maximize the royalty.
      c. Too many students learn a teacher's lesson by using the same device.
      d. Teachers publish and unpublish the lessons repeatedly to get a high number of lessons learned that can contribute to high royalty.
6) If you are detected as a suspicious user, Think Osem has the right to suspend or block your account from the system. Thus, all of your lessons and profile will also be removed from Osem.
7) Think Osem also has the right to take any legal actions and any compensations will be claimed.
8) Think Osem has the right to make any changes in the terms applied without any prior notices.